NC0065480_LV-2020-0196_20200827

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RECEIVED
AUG 2 8 2020
August 27,2020
NCDEQ/DWR/NPDES
North Carolina Department of Environmental Quality
Division of Water Resources
1617 Mail Service Center
Raleigh,NC 27699-1617
and
Ms. Morella Sanchez King,Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDEQ
127 Cardinal Drive Extension
Wilmington,NC 28405
Re: Notice of Violation and Assessment of Civil Penalty
For Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) 1
And NPDES WW Permit No.NC 0065480
Aqua North Carolina Inc
Beau Rivage WWTP
Case No. LV-2020-0196
New Hanover County
Dear Ms. King:
Aqua North Carolina,Inc.(Aqua)offers the following response to the above-referenced Notice of Violation
and Intent to Assess Civil Penalty. This was for violations that occurred in February 2020:
Aqua's Response:
Original NOV Response:
The Beau Rivage wastewater treatment plant effluent does not have a recurring issue or
typically high ammonia concentration. With the fully functional fixed film process, an
elevated ammonia concentration cannot be reasonably explained. There was no known
slug discharge into the facility and no known upset.
The ORC will complete more frequent ammonia process testing and check the process to
determine if this is an emerging problem.July 2018 was the last occasion when we received
an ammonia lab result greater than 10 mg/I at the Beau Rivage WWTF.

Page Two
Mr. Morella Sanchez King
December 28,2017
Additional Response:
The likely cause for the Beau Rivage plant ammonia exceedance was due to a higher than
normal influent ammonia concentration and failure by the certified contracted lab to notify
AQUA of the exceedance as required per laboratory regulation and procedure. AQUA
notified the lab of this oversight and was told the "report's NH3 alert not being sent was
simply an oversight", and "the action limits are in our database" further noting that"The
alert should have been mailed prior to you receiving the final report." They have assured
us that they will strive to be more diligent. Further instances will result in AQUA
reviewing future opportunities with the lab. If we had received the alert prior to the end of
the month, AQUA would have been able to assess the situation quicker and at a minimum
been able to take additional samples to further assess impacts. All other samples taken in
the month of February were compliant indicating that there were not significant issues at
this facility.
Additionally,the permitted average ammonia loading for the plant at 0.200 MGD capacity,
is 6.67 lbs of ammonia per month; however, based on the monthly average flow of 0.107
MGD at a monthly average ammonia concentration of 6.625 mg/I,the resulting loading for
the month of February was 5.91 lbs which is less than the permitted allotment.
Based on the determination of penalty contained in G.S. 143-215.6A(c), Aqua requests
remission of the$1,147,83 penalty as the degree and extent of harm to the resource was de
minimis, the follow up sampling did not indicate that this exceedance was ongoing or
significant in duration, there was minimum impact to the surface water, the violation was
not committed willfully or intentionally and would have been rectified had Aqua received
proper notification from the certified laboratory, nor was there any savings to the company
for failure to comply with regulation.
If you have any questions or comments, please contact me at(910)270-1412.
Sincerely,
40100,
Joel A. vingus
Area Manager
Aqua North Carolina, Inc.
cc: Joe Pearce
Amanda Owens
Shannon Becker

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MICHAEL S.REGAN
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S.DANIEL SMITH NORTH CAROLINA
Mortar Eartroninentn!Qunli?Y
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Certified Mail#7017 0190 0000 9534 4035 0 2t2
Return Receipt Requested
July 16.2020
Joseph R Pearce
Aqua North Carolina Inc
202 Mackenan Crt
Cary. NC 27511
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0065480
Aqua North Carolina Inc •
Beau Rivage Plantation WWTP •
Case No. LV-2020-0196
New Hanover County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$1,147.83 ($1,000.00 civil
penalty+$147.83 enforcement costs)against Aqua North Carolina Inc.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR)submitted by Aqua North Carolina Inc for the month of February 2020. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.
NC0065480. The violations, which occurred in February 2020,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Aqua North Carolina Inc violated the terms,conditions or
requirements of NPDES WW Permit No. NC0065480 and G.S. 1 43-215.1(q)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
���'�y+yF1' �' tton?GmfinrD pa,tn•.ent nl Envronmeettl Quslsy,L Ortis.,in of alei Resources-
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•
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, Morella
Sanchez-King. Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment
against Aqua North Carolina Inc:
$250.00 1 of[violation of G.S. 143-215.1(a)(6)and.Permit No.NC0065480, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Nitrogen,Ammonia
Total(as N)-Concentration
$750.00 1 of 1 violation of G.S. 143-215.1(a)(6)and Permit No.NC0065480,by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Nitrogen,Ammonia
Total(as N)- Concentration
$1,000.00 TOTAL CIVIL PENALTY
$147.83 Enforcement Costs
$1,147.83 TOTAL AMOUNT DUE
•
Pursuant to G.S. I43-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantityor qualityor on air quality;
9 ty
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

. Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved,the following factors shall be considered:
(I) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1.(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations: or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status,directions for payment,and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission. you must complete and submit the enclosed"Request for Remission of Civil Penalties.
Waiver of Right to an Administrative Hearing.and Stipulation of Facts"form within thirty (30)days of receipt of this
• notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-I617

•
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wishto-contest any'statement in the'attached'assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must tile the petition with
the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed
when it'is received in the Office'of Administrative Hearings during normal-office-hours": The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for official state
holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions) -provided
the signed original, one(I)copy and a filing fee(if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh,NC 27699 6714
Tel: (9I9)43 13000
Fax: [phone]
One(1)copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)
on thepetition.
Pg
Failure to exercise one of the options above within thirty(30)days of receipt of this letter,as evidenced by an internal
date/time received stamp(not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions,please contact Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at(910)796-7215 or via email at dean.hunkele(cVr�.ncdenr.gov.
Sincerely,
DocuSigned by:
bV A 5 5 t-u(.)
"-E3ABA74AC70C434...
Morella Sanchez-King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office- Enforcement File
Upload to Laserfiche

JUSTIFICATION FOR REiMISSION REQUEST
Case Number: LV-2020-0196 County: New Hanover
Assessed Party: Aqua North Carolina Inc
Permit No.: NC0065480. Amount Assessed: $1.147.83
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil
penalty may be granted only when one or more of the following,five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents,as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment Actors are listed in the civil penalty assessnzent document):
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrencesy;
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or
something you could not prevent or prepare,for);
— (d) the violator had not been assessed civil penalties for any previous violations:
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from pe{ybrming the activities necessary to achieve
compliance).
EXPLANATION:
$ at}ruc6tl ©6c ivv, .

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF NEW HANOVER
•
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Aqua North Carolina Inc )
Beau Rivage Plantation WWTP )
)
PERMIT NO.NC0065480 ) CASE NO. LV-2020-0196
Having been assessed civil penalties totaling$1,147.83 for violation(s)as set forth in the assessment document of the
.-_Division.of Water Resources dated July 1.6. 2020,the undersigned, desiring to seek remission of the civil penalty,does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days
from the receipt of the notice of assessment.
This the 2 ' day of Allin U 54- ,20
° SIGNATURE RECEIVED
ADDRESS AUG 2 8 2020
202 /GfatkeY1 X IN NCDEQ/DWR/NPDES
(Ayr, it'V 27S1f
TELEPHONE
910 -7o Pill.

ATTACHMENT A
Aqua North Carolina Inc
CASE NUMBER: LV-2020-0196
PERMIT: NC0065480 REGION: Wilmington
FACILITY: Beau Rivage Plantation WWTP COUNTY: New Hanover
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
2/13/2020 2-2020 Nitrogen, Ammonia Weekly mg/I 20 26.2 31.0 Daily $250.00
Total (as N) - Maximum
Concentration Exceeded
2/29/2020 2-2020 Nitrogen, Ammonia Weekly mg/I 4 6.62 65.6 Monthly $750.00
Total(as N)- Average
Concentration Exceeded